When you decide to take a trip, your search for lodging might not be limited to hotels. Websites like Airbnb and Vrbo allow individual property owners to offer their homes for short-term rentals. This makes it possible to stay in a house rather than a hotel – with all the good and bad that may come with that.
One of the difficulties that may arise when you choose an Airbnb over a hotel is figuring out what you should do if you get hurt on the property. Airbnb carries a $1,000,000 host liability insurance policy covering guests’ losses when staying at home. Our experienced Long Island personal injury lawyers can help you get compensation for your lost wages, medical bills, pain and suffering, and other losses.
Based in Melville, NY, The Odierno Law Firm Accident and Injury Lawyers represents accident victims throughout Long Island. We help people who have been hurt in a variety of situations, including while staying at an Airbnb. Reach out to our law offices today to schedule a free initial consultation with a Long Island slip and fall attorney.
Can You File a Lawsuit for Injuries at an AirBnB?
Personal injury law covers a whole range of potential lawsuits – including those that happen when a person gets hurt on someone else’s property. Known as premises liability lawsuits, these claims are based on the idea that property owners must maintain their premises in a reasonably safe condition. If you are hurt on someone else’s property – including an Airbnb – because of a hazardous condition, you might have a premises liability claim against the property owner.
Premises liability cases are usually based on a theory of negligence or carelessness. However, premises liability lawsuits have a different standard than a car accident or other case. For an accident victim (plaintiff) to win a claim against the property owner (defendant), they will have to prove the following:
- There was a dangerous condition on the property that the owner knew or should have known about;
- The owner failed to either fix the hazard or warn others about it (i.e., putting up a sign that the stairs are uneven, warning people to watch their step);
- The plaintiff suffered an injury; and
- This injury was caused by the property owner’s failure to either fix the condition or warn about it.
In Airbnb cases, the property owner’s duty of care to guests who rent the property is even higher. That is because guests are coming onto the property to do business with the owner, making them “invitees.” When a property owner uses the premises for commercial purposes, they have a duty to regularly inspect the property for any hazards.
While New York law mandates that property owners take additional steps to protect invitees, many Airbnb owners either aren’t aware of this reality – or don’t want to spend the time and money to maintain their rental properties appropriately. In some cases, an Airbnb host is renting out their own home and they might not even consider that they have to take extra steps to make their house safe for guests. No matter what the situation may be, if a dangerous condition at an Airbnb leads to a guest injury, they can file a claim for their losses.
Proving that your injury was caused by a hazard at the Airbnb is the key to winning a case. This may include gathering evidence of the hazardous condition – and the owner’s failure to remedy or warn about it. Evidence in this type of case may include:
- Maintenance records
- Photos and videos of the dangerous condition
- Witness testimony
- Prior incident reports or complaints to Airbnb
- Customer reviews
Together with your medical records, this documentation can be used to prove that your injuries were caused by the Airbnb host’s negligence. It will then be used to develop a strong case for compensation for your injuries.
Most personal injury claims, including premises liability lawsuits, are resolved outside of the courtroom – which means that you probably won’t have to go to trial. However, if the defendant and their insurance company won’t offer you a fair settlement or argue that the accident wasn’t their fault, then you might need to file a lawsuit against them.
A lawsuit is often an opportunity to continue negotiations while learning more information about the case. Your Long Island Airbnb lawyer will keep you informed of the status of your case and what you can expect when it comes to a resolution. They will continue to fight for your right to full compensation throughout the process.
Who Is Responsible for Injuries at an AirBnB?
In a standard premises liability claim, the plaintiff can file a claim against the property owner’s insurance company. For example, if you slipped and fell on a wet floor at a store, you could file a claim against its commercial liability policy for your injuries.
Airbnb claims are unique because the properties are usually owned by individuals (not corporations), yet the property is used for commercial purposes. A typical homeowner’s insurance policy will not cover any losses related to any commercial use of the property. Unless an Airbnb host purchases separate coverage (such as a commercial or limited use policy), then you probably will not be able to file a claim against their homeowner’s insurance policy.
Fortunately, Airbnb does carry a $1,000,000 host liability insurance policy. This policy will cover any situations where a host is liable for a guest’s injuries or losses. It does not cover intentional injuries, injuries caused by illegal conduct, or any injuries that aren’t related to the property itself (for example, if a guest gets into a car accident as they travel to the property, that would not be covered by Airbnb’s policy).
Airbnb’s commercial host liability policy may be larger than most homeowner’s insurance policies. If the $1,000,000 limit is not sufficient to cover your losses, however, then you may be able to pursue other options. This could include filing a personal injury lawsuit against the owner of the Airbnb property to recover additional compensation for your pain and suffering, emotional distress, property damage, lost wages, medical bills, and other losses.
Because Airbnb injury cases are different from other types of premises liability claims, you must work with an experienced Long Island Airbnb injury attorney who can guide you through the process. Our legal team is adept at exploring other avenues for compensation in slip and fall and other types of personal injury claims.
What To Do If You’re Hurt Staying at a Long Island Airbnb
While local governments – including New York City – have clamped down on Airbnb in recent years, it is still a popular way to rent a home in Long Island. This website can still be a great way to rent a property, especially if you have particular needs – such as a dog-friendly home or one that can accommodate a large group of people.
Although Airbnb can be great, they aren’t always as advertised – leaving many guests surprised when they show up to find a more run-down property than what they saw online. These properties also may not be as well-maintained as a hotel, given that it is up to each individual owner to perform cleaning and maintenance. This can increase the likelihood that there are dangerous conditions at an Airbnb property, like a loose railing, damaged tile, or fall hazards around the house.
If you get hurt while staying at an Airbnb in Long Island, there are a few things that you should do to protect yourself in the event you need to file a claim. First, seek medical treatment immediately if you are hurt. Doing so will ensure that you get the proper treatment and will also create a link between your injuries and the accident. If your injuries are serious, then you should call 911 for an ambulance.
Second, inform the Airbnb host about the accident as soon as you can do so. Ideally, you should notify them in writing about the accident. If you delay reporting it, then they might try to claim that your injuries weren’t caused by a hazard on their property.
Third, before you vacate the Airbnb, you or a guest should take pictures and videos of where you got hurt. For example, if you slipped and fell on bathroom tile that is extremely slippery when wet, you might have a friend or family member take a video demonstrating how slick the tile is once it gets wet. Remember that after you leave, there is a good chance that the host won’t let you come back – so collect evidence while you can.
When taking pictures, make sure to get snaps of your own injuries and any property damage that you may have experienced (such as a laptop that broke when you fell down the stairs with it in your hands). This documentation can be used to support your claim and to supplement your other evidence (like medical records).
Fourth, when you can, try to write down what you can remember about what happened, contemporaneous notes can be incredibly useful in proving your case. This is especially true because science shows that our memories can be unreliable.
Fifth, schedule a free consultation with a Long Island Airbnb injury lawyer. During this appointment, you will get a chance to explain what happened and get legal advice about your rights and options. Your attorney can also handle all of the paperwork, communications, and negotiations with the insurance company, Airbnb, and the property host.
How Long Do I Have to File an Airbnb Injury Lawsuit?
The statute of limitations for personal injury claims in New York is 3 years. Generally, this means that you have 3 years from the date of your Airbnb accident to file a lawsuit. If you don’t file a claim within those 3 years, then a judge might throw your lawsuit out of court.
While 3 years is a long time, getting started sooner rather than later is the best way to protect your interests. You won’t take the risk of missing the statute of limitations – or of any witness memories fading or evidence being lost. In Long Island, call Odierno Law Firm Accident and Injury Lawyers to talk to an Airbnb injury attorney.
Do I Need a Lawyer to File an Airbnb Injury Claim?
If you had a minor injury from getting hurt at an Airbnb – like some scrapes and bruises – after falling at an Airbnb, then you might not need an attorney. But if you suffered a more serious injury, such as a broken bone, and will be out of work and require more than first aid for your injuries, then you should hire an Airbnb injury lawyer. Remember that your attorney is obligated to represent your interests – while Airbnb and its insurance company are only looking out for their own best interests.
If you want to get the compensation that you deserve for your injuries, then you will need the help of a tough, experienced Long Island slip-and-fall attorney. Contact Odierno Law Firm Accident and Injury Lawyers today to schedule a free initial consultation.
Hurt at an Airbnb? Reach Out Today.
An Airbnb rental offers a convenient place to stay in a setting that is often more comfortable and spacious than a hotel room. But if you are hurt while staying at an Airbnb property, you might not know exactly what your rights are or how you can get compensation for your injuries. Our seasoned Long Island slip and fall attorneys will help you get the compensation that you deserve for your injuries.
The Odierno Law Firm Accident and Injury Lawyers represents people throughout Nassau and Suffolk Counties who have been hurt in all types of accidents – including slips, trips, and falls at Airbnb properties. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out today by calling 631-994-1918 and filling out our online contact form to schedule an appointment with a Long Island Airbnb injury lawyer.
